How to use your rights when a product or service isn't right
Use the checklists below to make sure that your problem is something the business must help you with.
Checklist for when to use your rights
If you answer ‘Yes’ to any of these questions, it’s time to use your rights:
Is the quality of the goods unacceptable?
Are the goods unfit for the purpose discussed?
Do the goods fail to match the description you got before buying?
Do your goods fail to match a sample or demonstration model?
Did the business fail to fulfil all their extra promises of quality and performance?
Did the service provider fail to use reasonable care and skill?
Did the service provider fail to do what you asked them to do?
Was the service delivered in an unreasonable time?
Remember
You don’t automatically get a repair, replacement or refund.
You will need to show proof of purchase, such as a receipt or bank statement, lay-by statement or stamped warranty card showing the place of purchase.
You may be entitled to choose a repair, replacement or refund, but this depends on whether the product or service has a major problem. You will need to discuss this with the business to work this out.
Checklist for when your rights don’t apply
If you answer ‘Yes’ to the following questions, then you don’t have the right to ask for a repair, replacement or refund:
Did you misuse the product in any way that caused the problem?
Did you get the product or service you asked for, but have since changed your mind?
Steps for using your rights
Go back to or contact the business.
Explain the problem clearly and state that you want them to fix the problem.
If the business refuses to fix your problem, ask to speak to the manager or write a complaint letter
If the business still refuses to help, contact your local consumer protection agency or the ACCC.
It’s against the law for businesses to tell you or show signs stating that they do not give refunds under any circumstances. You can report businesses that say they never give refunds.
